Every time a domain name that has a trademark within it is discussed on the various domain boards, one or more people always bring up the warning that there will be trademark problems. Now, I’m still relatively new at this domain stuff, but from what I’ve heard from experts, and read myself, is that just having a trademark within the domain name is not on its own a problem.

As a practical matter, if your name is not trying to fool visitors into thinking you are the owner of the trademark in question, and you are not disparaging the trademark or its owner, you’re not going to get called on it. Of course, the company’s lawyers can do whatever hassling they wish, so you never know. But, take my previous web site for example–GoogleTutor.com. I wrote positive and helpful articles about Google, helping the world best utilize their product. No one thought I was a Google representative. Google didn’t seem to care. Why would they? I’ll bet they liked my articles. Now, if my domain name was GoogleInvestorRelations.com or GoogleSucks.com, they might.

As for ICANN yanking your domain name from you, they have set in writing very clear guidelines. For them to take your domain name, all three of the following has to be true:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

Just what’s bad faith? They’ve defined that too:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

I’m interested in your comments…

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